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Original poster

Court hearing ABA in Mainstream School: which witness to take with me?

61 replies

Soumia · 18/09/2019 16:30

Hello all

Now i am very stressed out and worried...as I Just received a letter from the court.

The court hearing is in the first week of January 2020.

I really need to hear from your experiencr...how did u convince the judge...how did that meeting ho...who were the 3 witnesses you took to the court?

I need your advice plz.

Not sure about EP as still dont have one...my lawyer through legal aide is looking for funding.

Is the attendence of the lawyer important in the hearing?

The problem is i have to pay her more than 600£ to be a witness which i cannot afgord as I am low income...

I will have to.pay for the ABA reports and the ABA supervisor and attendebce to to heating which will.cost me loads :(

Who else will be most important as a witness to the court?

Let me know please.

Myself as his mother and tutor with my ABA supervisor must submit evidence by november.

Not sure if the progress with the self help can convince the judge...
The LA are pushing towards a special school...
I have another autistic child: my daughter who will be 6 in February and she is in year 1 in Mainstream.school.and started talking and doing relatively better than.my son.

I do ABA for her too... so it is a huge load on.me as a mum :(
Lots of hard work...

For my son,
We just started using PECS as my son is still.non.verbal :(

Can you plz advise me what should i.prepare exactly for the hearing?

Which witnesses are most helpful apart from.EP...ABA prodessionals...

Mysrlf as a Parent is the best advocate for my son ...So

What things should I not miss to bring intk my discussion?

How could i convince the judge that special school is detrimental to my sons future and progress... by the way i have 2 other healthy neuro.typical.kids who (although they are younger) are helping with my autistic two kids...
So mainstream should help my autistic kids....

Plz advise me...i am so stressed and worried

OP posts:
openupmyeagereyes · 21/09/2019 16:43

It means original poster, the person who started the thread rather than subsequent posters who may have also asked questions.

Tonnerre · 21/09/2019 17:26

Is parlegal = lawyer = sollucitor?

A paralegal is an unqualified person working in law - it may be someone with a law degree or similar, but not necessarily. In your case, they will have had training in SEN law and procedure, and will be supervised by a solicitor or someone senior. You should have had a letter when the firm started working for you explaining who would be working on your case and what their status is, and also who their supervisor is. Some paralegals are great, but some are quite junior. Because the legal aid contract requires the firm to take on everyone who contacts them who is eligible, they tend to be chronically busy.

Tonnerre · 21/09/2019 17:27

IPSEA can sometimes offer volunteer representatives at tribunal appeal hearings.

Original poster
Soumia · 21/09/2019 18:00

I was told that they would not help if I have legal aid.

Is that right ?

OP posts:
SouthWestmom · 21/09/2019 18:57

I don't think ipsea help when you have legal representation.

Honestly you seem so in the dark please try the SENDIASS for some basics.

Original poster
Soumia · 26/09/2019 12:18

Hi all

I need your advice and help.

I just spoke to maby legal advisors and had contradictibg advice...some say i must have all these professionals attending the hearing: ABA + OT + SALT + EP...
Plus providing their report into the EHCP...

Others says no...EP is the most important...

and due to my low income and inability to fun OT + SALT professiobals to provide their report and attend the hearing, i will only have my ABA professional + EP.

Do you think this would be convincing to the juddge?

OP posts:
SouthWestmom · 26/09/2019 15:16

How can we possibly say without reading the report and understanding the legitimacy of your ABA provider?

Have you tried SENDIASS or IPSEA OR SEN Jungle or SOS SEN for their websites or helplines?

LightTripper · 26/09/2019 15:37

OP is "original poster" - so that's you Soumia!

I think everybody's advice would be to get some advice from SOSSEN or SENDIASS, who will understand what is possible, and also to keep an open mind about what schools might work with your DS (bearing in mind that nothing is forever: e.g. if he needs a special school to start with that doesn't mean he couldn't go into mainstream later).

My DD is in a mainstream school for now, but I'm very aware that later she may hit problems that mean a special school will work better for her. I think as parents there are so many unknowns ahead, that we just have to do our research and try to work out what works best (or at least "well") for our kids for now.

I know it's hard not having that path mapped out, but I think it is just an inevitable part of SEN parenting and you have to make your peace with it.

It sounds like you don't like the special school that your LA have suggested (have they suggested a specific placement?) - but maybe also visit some others, and see if there is an alternative school that you believe would work better (either a special school or a mainstream school that can put the right supports in place: e.g. maybe one with an ASC base).

There is a whole spectrum of school types out there, and even within a "type" individual schools will have very different offers. A PP has already suggested one possibility in Bristol that looks very impressive on paper. Depending on exactly where you are a family member has a child at Three Ways School in Bath which they all love (goes all the way to 6th Form if that is the path your DC end up taking, and Ofsted Outstanding on all aspects). If you haven't had a chance to visit all the options yet I would definitely do that: it might put your mind at rest. There is rarely only one good solution to any challenge.

LightTripper · 26/09/2019 15:40

Another thought: your local authority should have an EYFS SENCO (i.e. a local authority SENCO who supports all the local schools in their SEN provision). That person should have a good idea of all the schools available and may be able to visit your son and make some recommendations of where would work well for his needs. I don't know if you've already had meetings with/a visit from somebody in that role, but if not it could be worth a call to your local authority to see what they can offer?

Original poster
Soumia · 26/09/2019 22:01

Thanks so much for ur message and advice...

What do you mean by that:

A PP has already suggested one possibility in Bristol that looks very impressive on paper. Depending on exactly where you are a family member has a child at Three Ways School in Bath which they all love (goes all the way to 6th Form if that is the path your DC end up taking, and Ofsted Outstanding on all aspects). @LightTripper

Plz excuse my ignorance but...
What is the name of the school?
Three ways school?

yes I dont want special.school...but thag does not hean i will put my son daily in mainstream full time with 30 other kids (too much for him).

The plan is that he will have an ABA tutor...not just a normal.TA and we will.start with 2 hrs a day.. and build on that for his attendence...

OP posts:
Original poster
Soumia · 26/09/2019 22:04

@LightTripper

Thanks do much...what a great advice!

I will inti this from tomorrow

Thanks again Flowers

OP posts:
LightTripper · 26/09/2019 23:34

Yes, it's called Three Ways School. If you Google it should come up. And the Venturers Academy in Bristol that a previous poster mentioned!

Original poster
Soumia · 27/09/2019 07:31

Just checked it...it is in bath not in bristol....

OP posts:
ClownsandCowboys · 27/09/2019 07:50

You've been advised on your other threads not to rule out all special schools, you don't seem to have a good knowledge of them. The ratio in most special school classes is 2 pupils to one adult.

You Wil not get 1:1 teaching in mainstream, whatever your evidence. It isn't what mainstream is for

Tonnerre · 27/09/2019 08:18

I was told that they would not help if I have legal aid.

The point is that you don't have legal aid for the hearing itself. At least try phoning their tribunal advice line.

Tonnerre · 27/09/2019 08:22

The plan is that he will have an ABA tutor...not just a normal.TA and we will.start with 2 hrs a day.. and build on that for his attendence..

If your child is over 5 this will be problematic, because by law he should be in school full time unless he is unable to start full time for medical reasons and this is backed up by medical evidence.

Rather than ring round lots of legal advisers, you really need to have a proper discussion with your own solicitors who know much more about your case than someone you have randomly phoned, or even someone on a helpline. If your caseworker is a paralegal, it might be worth talking to his or her supervisor.

Tonnerre · 27/09/2019 08:23

Just checked it...it is in bath not in bristol....

Which is what @LightTripper said ...

Original poster
Soumia · 27/09/2019 09:41

You are right..i need to do more detailed research and go and see special schools...
The one i saw in bristol.it was one adult for every 4-6 kids

And to be honest i was put iff by mean horrible things i saw when i visited the school.Confused

OP posts:
Original poster
Soumia · 27/09/2019 09:43

@Tonnerre

Thanks Tonnerre...this is what I was just told this morning...my laeyer from.legal aid said I need to.pay her another 500£ ish + travel.expenses to be able to represent me at the hearing...

I am quite confused as why not legal.aid cover that Confused

Should I call. National autistic society tribunal.line ? NAS

And IPsea ??

OP posts:
Mummy0ftwo12 · 27/09/2019 18:07

i think you should contact abaaccess4all

Tonnerre · 27/09/2019 18:10

Ask the government why legal aid doesn't cover representation at hearings, it's a political decision. Try the IPSEA tribunal line.

Original poster
Soumia · 27/09/2019 21:42

What do u mean by a "political decision"
?
We are going to court for SEN not for a political.issue Hmm

OP posts:
danni0509 · 27/09/2019 21:48

Soumia has your son made lots of progress doing aba at home with you? Do you have lots of evidence / videos of this?

Original poster
Soumia · 27/09/2019 21:56

@danni0509

Yes my son made a huuuuge HUGE progress and i am in the process of collecting data...

However...i am quite confused...some parebts said the court/judge will be convinced by data when ABA is conducted for at least 1 year or 18 months INTENSIVELY....

I trued my best to do it intensively...but due to cost constraints.. etc and also I have my daughter who is also auyistic and doing ABA ....huge challenge Sad but i am very hardworking BlushGrin

By the way...is the lawyer attendebce important in court? I really cannot pay her 600£ Sad

ABA professional.is important as my son EHCP appeal is all about bainstream + ABA...but what about OP and SALT...?

I am worried if the judge goes agaibst ABA as it us costy Sad

OP posts:
TooMuchEyeliner · 27/09/2019 22:17

The judge will look at all of the evidence put in front of them and make a decision based on that, so you need to be able to show that ABA is required. You need reports and witnesses that will support this.

IPSEA does not advise parents that have legal support but do provide support at Tribunal hearings for legal aid cases. Contact them to ask.

You really need to have a long talk with your lawyer though to understand what’s going on.